Petitioners challenged the calculation of land acquisition compensation. The Court allowed them liberty to file a fresh representation to the Collector, who was directed to decide it within 90 days in accordance with law.
Liberty granted to file fresh representation; Collector directed to decide within 90 days.
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2024:CGHC:48974
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 5780 of 2024
1. Lakshman Bhaniya, S/o Chaturgun Bhaniya, Aged About 43 Years, R/o Village Tatiather, Post Salwahi, District Balrampur-Ramanujganj (C.G.).
2. Julekha Ansari, W/o Md Alauddin Ansari, Aged About 67 Years, R/o Gram Dindo, Post Salwahi, District Balrampur-Ramanujganj (C.G.).
3. Madan Prasad Gupta, S/o Jagdish Gupta, Aged About 61 Years, R/o Village Dindo, Post Salwahi, District Balrampur-Ramanujganj (C.G.).
4. Rafiq Ansari, S/o Kasim Ansari, Aged About 49 Years, R/o Village Dindo, Post Salwahi, District Balrampur-Ramanujganj (C.G.).
5. Langdi Netam, S/o Nathu Netam, Aged About 62 Years, R/o Village Tatiather, Post Salwahi, District Balrampur-Ramanujganj (C.G.).
6. Md Sharif Ansari, S/o Sadik Ansari, Aged About 55 Years, R/o Village Dindo, Post Salwahi, Tahsil Ramchandrapur, District Balrampur-Ramanujganj (C.G.).
7. Vinod Gupta, S/o Jagan Prashad Gupta, Aged About 30 Years, R/o Village Tatiather, Post Salwahi, Tahsil Ramanujganj, District Balrampur-Ramanujganj (C.G.).
8. Rehmat Shekh Iraki, S/o Rasul Shekh Iraki, Aged About 73 Years, R/o Patelpara, Post Salwahi, Ramanujganj, District Balrampur-Ramanujganj (C.G.).
9. Ram Say Bhaniya, S/o Chaturgun Bhaniya, Aged About 31 Years, R/o Village Tatiathar, Post Salwahi, District Balrampur-Ramanujganj (C.G.).
10. Hardev Agariya, S/o Vikram Agariya, Aged About 69 Years, R/o Village Tatiathar, Post Salwahi, Surguja, District Balrampur-Ramanujganj (C.G.).
11. Md Sharif, S/o Md Isha, Aged About 51 Years, R/o Village Tatiathar, Post Salwahi, Manendragarh, District Koriya (C.G.).
12. Hari Lal Agariya, S/o Vikram Agariya, Aged About 68 Years, R/o Village Tatiathar, Post Salwahi, District Balrampur-Ramanujganj (C.G.).
13. Manohar, S/o Parmesar, Aged About 46 Years, R/o Village Kundpan, Post Salwahi, Surguja, District Balrampur-Ramanujganj (C.G.).
14. Ram Singh Ayam, S/o Fagu Ayam, Aged About 59 Years, R/o Village Tatiathar, Post Salwahi, District Balrampur-Ramanujganj (C.G.).
15. Tapeswar Oike, S/o Radhan Oike, Aged About 35 Years, R/o Village Kueludhi, Post Salwahi, Surguja, District Balrampur-Ramanujganj (C.G.).
16. Mardan, S/o Bikai, Aged About 67 Years, R/o Village Kurludhi, Post Salwahi, Sarguja, District Balrampur-Ramanujganj (C.G.).
17. Bandhu Saruta, S/o Gokul Saruta, Aged About 53 Years, R/o Village Kurludhi, Post Salwahi, Sarguja, District Balrampur-Ramanujganj (C.G.).
18. Rampati, S/o Charku, Aged About 36 Years, R/o Village Kurludhi, Post Salwahi, Sarguja, District Balrampur-Ramanujganj (C.G.).
... Petitioners
Versus
1. State Of Chhattisgarh, Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Mantralaya, Nawa Raipur (C.G.).
2. The Collector, District Balrampur-Ramanujganj (C.G.).
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3. The Sub-Divisional Officer (Revenue), Wadrafnagar, District BalrampurRamanujganj (C.G.).
4. The Executive Engineer, Water Resources Division No.2, Ramanujganj, District Balrampur-Ramanujganj (C.G.).
(Cause title taken from Case Information System)
For Petitioners : Mr. Sangeet Kumar Kushwaha, Advocate. For State/Respondents : Mr. Raj Kumar Gupta, Addl. A.G.
Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board
12/12/2024
1. Heard.
2. This petition has been preferred by the petitioners under Article 226 of the Constitution of India, seeking issuance of direction to respondent No.2/Collector, District Balrampur-Ramanujganj (C.G.) to decide the representation filed by the petitioners.
3. Learned counsel for the petitioners would submit that petitioners are residents of Village Shardapur and Village Sulsuli and their lands have been acquired vide award (Annexure-P/1) dated 09.02.2021 passed by the Land Acquisition Officer Ramanujganj (C.G.) in Case No.202103270900002/A82/2020-21, wherein compensation has also been granted to the petitioners. But while computing the amount of compensation, the Land Acquisition Officer, instead of multiplier 2, multiplier 1 has been applied , which is against the notification issued by the State Government. He further submitted that compensation has also not been calculated in respect of standing items over the acquired land like tree, tubewells etc. It is further submitted that petitioners have filed the representation/application (Annexure-P/2) dated 28.08.2024 before the respondent No.2/Collector, District BalrampurRamanujganj (C.G.), despite that same has not been decided yet. He further submits that petitioners are ready to file fresh representation before the respondent No.2, therefore, he prays that this petition may be disposed of directing respondent No.2 to decide the representation filed by the petitioners within the period specified by this Court.
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4. Per Contra, learned Additional Advocate General submits that, if land of the petitioners have been acquired and they filed representation before the respondent No.2/Collector, District Balrampur-Ramanujganj (C.G.), then it shall be decided in accordance with law.
5. Having considered the limited prayer made by the counsel for the petitioners, this petition is disposed of granting liberty to the petitioners to file fresh representation within 30 days from today before the respondent No.2/Collector, District Balrampur-Ramanujganj (C.G.), which shall be considered and decided by the respondent No.2/Competent Authority of District Balrampur-Ramanujganj (C.G.), within a further period of 90 days, strictly in accordance with law, from the date of filing/submission of representation along with the copy of this order.
6. With the aforesaid observation(s) and direction(s), this petition stands disposed of.
7. The pending interlocutory application(s), if any, also stands disposed of.
Sd/(Naresh Kumar Chandravanshi) Judge
DEEPTIJHANIRALA Digitallysigned byDEEPTIJHANIRALADate:2024.12.1311:23:32+0530
1 issue framed by the court
Whether the Collector should decide the representation regarding compensation multiplier and standing items within a specified time?
1 provisions across 1 enactments
Lakshman Bhaniya
State Of Chhattisgarh
The Collector, District Balrampur-Ramanujganj
The Sub-Divisional Officer (Revenue)
The Executive Engineer
Naresh Kumar Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
